every project involving construction of number of flats not exceeding 8 shall be exempted irrespective of area of the land. Every project involving development of land having area not exceeding 500 sq. meters into plots for sale shall be exempted.

2) in your case since it is having only 8 flats and area of plot is under 500 square meters builder would be exempted from RERA 

3)  You can seek clarification in this regard from BBMP as to whether OC is not required for construction of 8 flats 

In an Municipality area no real estate is possible without CC or OC.

If the building is constructed on an approved building plan then these two certificates after completion of the construction is mandatory. 

So it's wise to show the papers to an advocate before proceeding with the purchase.  Prima facie it's not prudent to buy this flat. 

Yes, OC n CC are not applicable on the projects out of RERA

If the construction is based on sanctioned building plans then BBMP would issue both CC and OC.

Merely because project is exempt under RERA does not mean OC is not required 

2) you can file RTI application with BBMP as to whether OC is required for construction of 8 flats on 40 by 60 site 

CC and OC are mandatory clearence procedures which are required to be obtained by builder. You ca get the information from the local municipal Corporation or other authority who issues it through RTI

1. OC is applicable for stand alone building also, the building is exempt from RERA though Municipal authority after the building is made as per approved plans issue a OC.

1. You may file an application seeking RTI data for rules for issuing OC by local municipal authority.

Yes oc and cc is applicable to such buildings. The builder is trying to mislead you. Please act accordingly.

Yes you may terminate the agreement if he is not complying with the rules.

1. Section 3(2) of the Real Estate Regulations and Development Act, 2016 reads, "Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required where the area of the land proposed to be developed does not exceed five hundred square metres or the number of apartments proposed to be developed does not exceed eight inclusive of all phases. However, it is provided that if the appropriate Government considers it necessary, it may reduce the threshold below five hundred square metres or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act."

2. In view of the above provision the project is exempted from the purview of RERA.

3. Only a local lawyer can tell whether OC is required for a project of 8 flats as this is state specific.

1. "ALL" buildings which are above G+1 have to compusolrily conform to the municipal approved plans and the registered architect has to file compliance in the format of CC and subsequently the municipal grants to the OC.

2. It is illegal & a prosecutable offence payable by Penalty of 25000/- for occupying a building without OC.

3. You are legally entitled to terminate agreement without paying any penalty to builder, PROVIDED the building is illegal & unauthorized or not constructed according to sanctioned plans. Certified copies of building plans can be obtained from B&F dept. of the Municipal office.

Mandatory to register with RERA when 8 apartments. If construction plan was sanctioned by municipality than OC and CC are must documents.

Upon the completion of the building construction, the builder or the developer of the apartment has to apply for the ‘building completion certificate’ with the local authorities (like BDA or BBMP in Bangalore or PMC in Pune).

If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.Completion Certificate: Completion certificate is mandatory for building constructed before selling or occupied. Issuing of Completion Certificate will ensure that the builder or owner has constructed the building as per approved plan.

Ensure that the builder commits OC and ‘A’ Khata in writing and make it as part of Sale Agreement / Sale Deed. Make the payment schedule reflect the stages for actual completion of your flat and also till handing over all the legal documents like OC and ‘A’ Khata. 

Check that the builder has all the necessary clearances, like sanctioned plan, commencement certificate etc.

The builder requires to have the approval or sanctions from the concerned authority for the construction of a building. The building constructed without sanctions or deviated more than 5 per cent from approved plan levies penalty and authorities has right to demolish the building without any prior notice.

Completion Certificate: Completion certificate is mandatory for building constructed before selling or occupied. Issuing of Completion Certificate will ensure that the builder or owner has constructed the building as per approved plan.

Few important documents are:

1. Mother deed, 

2. sale deed,

 3. Building approval plan,

4. Commencement certificate for under construction property, 

5. Conversion certificate from agriculture to NA, 

6. Khata extract or certificate,

7. Encumbrance certificate,

8. Betterment charges receipt,

9. Latest tax receipts. 

A. As per RERA, Sec 3(2)(a) 500 Sq.mt or less than 8 unit including all phases does not required registration of project. However as per Sec 3.7 of BBMP byelaws 2003 no building shall be occupied unless obtained OC. 

B. Hence, OC and CC is applicable in your case. Moreover you need to check as to Building approved plan has been issued or not as well Commencement Certificate issued by the BBMP or not?.

C. Finally, RERA Registration is different and obtaining OC is different for Building as issuing authority is separate. For perfect clarity, you can visit nearest BBMP office and file an applicaton under RTI for better clarity's towards OC and CC.

it is mandatory for every residential complex, which has more than five units, to obtain the Occupancy Certificate.

Please contact local advocate for more precise guidance. 

1. Yes it is CC and OC Are mandatory for every Building which comes under RERA. 

2. Yes you can terminate the agreement if builder refuse to provide OC. 

1. As per the information mentioned in the present query, makes it clear that the builder is bound to issue the OC and CC, but, subject to the fulfilment of the condition of being registered with RERA.
2. I would like to apprise you that you need to carry the details of the property if you have it along with the agreement that you have entered upon.
3. Apart from that if you may not have the property details as it is almost very next to impossible for a consumer to have it then also the authorities is having the details of the property mentioned in the agreement as they are bound to have it with them.